HomeMy Public PortalAbout204-2019 - Phoenix Safety Outfitters - maintenance of turnot gearAGREEMENT
THIS AGREENIENT made and entered into th' � �i xs day of l'i 20l , -and referred
to as Contract No. 204--2019, by -and between the City of Richmond;- Indiana, a munidi al
corporation acting by and through its Board -of Public ' works and Safety (hereinafter referred' to as
= the "City") and Phoenix Safety .Outftters-. LLC; 1619 Commerce Road, Springfield, Ohio, 4550.4
(hereinafter referred to as the "Contractor").
_ SECTION I. = STATEMENT- AND SUBJECT OF WORT
City hereby retains Contractor as -a sale source provider to provide services in connection with the
cleaning, repair, and maintenance of turnout gear for the Richmond Fire Department.
City requested a quote from- Contractor as a -sole-source -provider and Contractor's response to said
Request ,for Quotes, dated November 14, 2019, consisting of two -(2) pages, is attached hereto as
Exhibit A 'and is hereby incorporated by reference and made a part of this Agreement.. Contractor
agrees to. abide by the same..
Should any provisions, - terms,:. or conditions ''contained in any of the documents attached hereto as -
Exhibits,, .or -.in any of the documents incorporated .by reference herein, conflict. with .any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. -
The Contractor shall- furnish= all -labor, - material, equipment; and services necessary for the proper,
completion- of all work specified.
No performance of servvices shad commence until the following has. been met:
:14 The City is in receipt of : any required certificates of insurance and/or
warranties;
2. The City is . in .receipt of any. required' affidavit signed . b Contractor -in
accordance with Indiana Code- 22--5--1.7--1-1(a)(2);and
3. A purchase order has been issued by the Purchasing Department.
SECTION ' II: STATUS OF CONTRACTOR
Contractor shall be deemed to be 'an independent contractor and is not an employee -or agent of the
City of Richmond. The Contractor shall provide, at its' own expense, competent -supervision of the' -
work..
y
t �
SECTION III. COMPENSATION
City shall pay Contractor to clean and repair turnout gear- -estimated- at approximately one hundred
seventy-five (175) units, payable in accordance with the. rates established on Exhibit "A" attached
hereto and .incorporated herein by reference, provided that the. -amount paid to Contractor shall be a
total amount estimated not to- exceed Thirty --four- Thousand Nine Hundred Ninety-eight Dollars and
Twenty-five Cents ($34,998.25), for complete and satisfactory performance of the cleaning :and
repair work completed for the 2020 calendar year.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective on- January 1, 2020, and shall continue in effect -until
December 31, 2020, with the 'City retaining two (2) options to renew this Agreement with the same
terms: and conditions for the 2021 and 2022 calendar years.
Notwithstanding the: term of this "Agreement, City may terminate this Agreement in wholeor in part,
for cause_ , at any time by giving at least five (5). working days written notice specifying, the effective
date and the reasons for termination which shall include .but not be limited to the following:
a.'' failure, for any reason of the Contractor to fulfill, in a timely: manner '
its obligations under this: Agreement;
b. -'submission - of a report, other work product, or ad�rice, whether oral or -written, by the
Contractor to the. City that is incorrect, incomplete, or does not meet_ reasonable
professional standards in any material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement
is made;, or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such. termination, the City shall be required -to make payment for all work performed
prior- to the date this Agreement is terminated but shall be relieved, -of any other responsibility -herein.
-This Agreement may also be. terminated, in whole or in part, by mutual' Agreement of the parties by _
setting forth the reasons for such :termination, the - effective date, and in the case -of partial
termination, the portion to be terminated.
SECTION. V. INDEMNIFICATION AND INSURANCE,
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or
property or any other claims - which ' may arise from. the Contractor'sconduct or performance of this
Agreement, either intentionally or. negligently; provided, however, that nothing contained in this
Page 2 of 6
v
Agreement shall be construed as rendering the, Contractor liable for acts . of the City, its officers,
agents, or employees. Contractor, shall as a prerequisite to this Agreement, purchase and thereafter
maintain such insurance as will protect - it from the claims set -forth below which may arise out of or
result from the Contractor's operations under. this Agreement, whether such operations by the
Contractor or by any sub --contractors or by anyone directly or indirectly employed by any of them, or
by anyone for" whose acts the Contractor may be held responsible.
Cov'era a Limits
A. worker's Compensation & Statutory
Disability ,Requirements
B. Employer's Liability $10%000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. ' Comprehensive Auto, Liability
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence_
Section 2. Property Damage $1,000,000' each occurrence*
E. Comprehensive Umbrella. Liability" $1,000,000 each occurrence-
$2,000-,000. each aggregate
SECTION VL COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions .of the Indiana worker's Compensation- law, and shall,
before commencing work under this Agreement, provide the City a certificate of insurance, or a
certificate from the industrial, board showing that the - Contractor has complied with Indiana Code
Sections 22-3-2--5,. 22--3-5-1 -and- 22--3--5--2. - If Contractor is an out of state employer and therefore
subject to another state'-s worker'-s compensation law-, Contractor may choose to comply with all
provisions of its home state's worker's compensation law and provide the City proof of such
compliance in lieu of complying with the provisions of the Indiana worker's Compensation Law.
SECTION VII. COMPLLANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS ' .
Code 22--5-1.7, Contractor is required to enroll in and verify the work. eligibility
Pursuant to Indiana
status- of all newly hired employees of the -contractor through the Indiana E--Verify program.
_ Contractor is: not required to verify the work eligibility status of all newly hired employees of the
contractor through, the Indiana E'Verify program if the Indiana E-Verify program no longer exists.
Prior. to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit
` Page 3 of 6
affirming that Contractor does not knowingly employ an -unauthorized alien in�accordance with: IC
22-5-1.7-11 (4).(2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to
remedy the violation not later than thirty- (30) .days after. the City notifies the Contractor of the _
violation. If Contractor fails. -to remedy the violation within the thirty (30) day period provided
above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement
will- be terminated. If the City determines that terminating this Agreement would be detrimental to
.the public interest or public properly, the City may allow this Agreement to remain in effect until the
City .procures a new contractor. If this Agreement is terminated under this section, then pursuant to
IC 22-5-1.7-13 (c) the Contractor will"remain liable to the City for actual damages.
SECTION VIII. IRAN INVESTMENT ACTIVITIES
Pursuant to. Indiana. Code (IQ.,5-22-16-.5, Contractor certifies that Contractor is not engaged in
investment activities in. Iran. In the event City determines' during the course of this Agreement that
this certification is no longer valid, City shall- notify Contractor in writing of said determination -and
shall .give contractor ninety (90) days- within- which to respond to the written notice. In the event
Contractor fails to demonstrate to the City that the" Contractor has ceased. investment activities in Iran
within ninety (9 �� days after - the written notice is given_ to the Contractor, the City may proceed with
any remedies it may have pursuant to IC 5.-22-16.5. In . the event the City- determines during : the
course of this Agreement that this certification is - no longer valid and said determination is not
-refuted by Contractor in the manner set forth in IC 5-22-16.5, 'the City reserves ,the right to consider
the. Contractor -to be in breach of this Agreement and terminate the agreement upon the - expiration of
the ninety (90) day period set forth above.
SECTION IX. PROHIBITION AGAINST DISCRIMINATION
A.. Pursuant to Indiana Code-22-9--1--10, Contractor, any sub --contractor, or any person acting on
behalf of Contractor or any sub -contractor shall not discriminate against any employee or
applicant ,for employment to be employed in the performance of this Agreement,- with respect
to hire, tenure, terms, conditions or, privileges of employment. or any matter directly or
indirectly related to employment, because of race; :religion, color, sex, disability, national -
origin, or ancestry.
B... Pursuant to Indiana Code. 5-16-6-11, the Contractor agrees:
1. That in the hiring of employees -for the -performance -of work under this .Agreement of
_ :any subcontract hereunder, Contractor, any subcontractor, or any person acting on
behalf of Contractor or any sub -contractor, shall not discriminate by reason of race,
religion, color, - sex, national origin or ancestry against any citizen of the State of
' Indiana who is qualified and available to perform the work to which 'the employment
relates;,
2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or
any sub --contractor shall in no manner- discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race, religion; color, sex,, national- origin or. ancestry;
Page 4 of 6
011
3. That there may be deducted from the amount payable to Contractor bythe City .under
this Agreement, a penalty of five ' dollars ($5.100) for each person for each calendar
-day during which such person was discriminated against or intimidated in violation: of
the. provisions of the Agreement; and
4-0Thatthis Agreement may be canceled or terminated by the City and all more due or
y
to become due hereunder may be forfeited, for a second or any subsequent violation
of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION X- RELEASE OF LIABILITY
Contractor hereby' -agrees to release and hold harmless the City and all officers, employees, or agents
of the same from all - :liability' which may arise in � the course of Contractor's performance of its
obligations pursuant to this Agreement.
SECTION XI. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate. any= of - its
rights - or obligations hereunder without the prior written consent of the other ;party. Any such
delegation or assignment, without the prior written consent of the other party, shall be null and void.
This Agreement shall be controlled by and interpreted according to Indiana law- and shall -be binding
upon the parties, their successors and -assigns. This document constitutes the entire Agreement
between the parties, although it may be :altered or amended . in whole or. -in part at -any time .by filing
with the. Agreement a written. instrument setting. forth such changes signed by both parties. By
executingthis Agreement the arties agree that this document supersedes an previous discussion,
� p � p �'
negotiation, or conversation relating to -the subject matter contained herein.
This Agreement may be. simultaneously executed -in several counterparts, each of which shall be an
original, and all of which shall constitute but one .and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising
out of this Contract must- be filed in said courts,. The parties specifically agree that no :arbitration- or
mediation shall be required prior ' to the commencement of le -gal proceedings .in -said -Courts. By
executing- this Agreement, Contractor: is estopped from bringing suit.or any other action in any
alternative forum, venue, or in front of any other tribunal, court, or administrative body.other than. the -
Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor. may. have to
bring such suit in front. of other tribunals or in other venues.
Any person executing this Contract in a representative capacity hereby warrants that he/she has been
duly authorized -by his or her principal to execute this Contract.
Page .5 of 6
1
In the event of any breach of this Agreement by Contractor,. and in addition to any other damages or
remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this
Agreement, including but not limited -to, City's reasonable attorney's fees.
In the event that an ambiguity,'' question of intent, or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted, jointly by the parties, and no. presumption or
burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the
provisions of this Agreement. _
IN WITNESS WHEREOF, the parties have :executed this Agreement at Richmond, Indiana, as of the
day'and year first Written above,: although'signatures may be -affixed on different dates.
:. `CITY" ."CONTRACTOR'.
THE CITY OF RICHMOND, : PHOENIX SAFETY OUTFITTERS, LLC.
INDIANA by and -through -its 16 rce Road
Board of Public Works and Safety S ingf d• H 45504
By: 0By: 0
Vicki Robinson, President
B : Printed ■--N;;;?
Emily P mer, Member
By: Title:'' - i'Yffi'1
Matt Evans,, Member
Date:
D ate r�
APPROVED: tt:
avid M. • Sno
Date: 2 1
- - QUOTATION: 145597
_ _ (THIS IS NOT A N INVOICE)
PHO
PHOENIX Safety Outfitters,
ENI
PO Box 20445
.SAFETY OUTFITTERS
Upper Arlington, Ohio 43220
Bill to: Ship to:
TIM BROWN: TIM BROWN-
RICHMOND FIRE DEPARTMENT RICHMOND. FIRE DEPARTMENT
101 SOUTH FIFTH STREET 101 SOUTH FIFTH STREET
RICHMOND INDIANA 47374 RICHMOND INDIANA 47374
UNITED STATES UNITED STATES
.Customer Phone: 765 983 7266 Customer Phone: 765 983 7266
Customer Email: tbrown@richmondindiana.gov Customer Email: tbrown@richmondindiana.gov
Date: 14 Nov: 2019 Terms:. Reference Terms in Body of Quote
Acct Questions: cgrogan@phoenixoutfitters.com Account Rep: Steve Harting.
Bin Reference #: Sent By: .Steve Harting
Ship Method: Best Way Web Addr: www.phoenixoutfitters.com
Qty Item ID Item name Item $ Extended
1:0000 DELIVERY Please Ship the Following Product on or Before (mm/dd/yy): 5067891 $0..00 $0.00
.REQUIREMENT
Period Covered: JANUAF2Y 1 THROUGH DECEMBER 31, 2020
My, rltecn ID Item name Item $ Extended
175.0000 1851- 1851 Cleanllnspection/Repair Coat Per Contract Maintenance H $199.99 $341998.25
TERMCONTRACT
Period Covered: JANUARY I THROUGH DECEMBER 31, 2020
SINGLE PAY; DUE UPON INVOICE
PER AGREEMENT, INCLUDES:
• Coverage of 175 Sets Turnout Gear @ $1 99.99 per set
• This is a fixed price program. If a garment needs to be repaired multiple times in a single year, the
fixed cost has- already been paid and the customer will incur no additional out of pocket expense for
the garment's repair.
• PHOENIX will set up a preventive maintenance schedule with customer; assuring each garment
has an Advance Clean, Inspection, and all repairs performed at no extra cost to customer
• Loaner Gear is available as needed. Customer must advise PHOENIX in advance of programmed
pick up and PHOENIX will -drop off loaner gear in exchange for -gear to be repaired.
• Customer may elect to purchase this comprehensive coverage for up to seven years at this fixed
price. Coverage must be annual, and gaps in coverage are not permitted for this guaranteed
coverage.
• Existing department garments may be wrapped into this program with pre -inspection
PER AGREEMENT, EXCLUDES:
• Damage attributed solely from wearing ensembles in situations other than their intended use.
• Damage that arises from conditions under which the ensembles are exposed to excessive heat
beyond the conditions which the ensembles were designed to withstand to meet NFPA 1971.
• Complete destruction caused by an extraordinary event (as evidenced by destruction of other
ensemble elements being worn by the user).
• Damage caused by -chemical or biological contamination.
• Damaged caused by improper storage.
• This service is to customer's existing garment. Gear that is damaged beyond cost economical
repair per NFPA guidelines must be replaced at customer's expense.
• Gear that is condemned or should be condemned per NFPA guidelines
• Gear that is older than ten (10) years from date of manufacture
• New or altered Nametags (i.e. Nametag change on an existing garment)
• Size alteration: Wedge/taper/shorten/lengthen coat or pants
• Commercial applications where an Insurance claim may be fled and repair cost may be
recovered. recovered. In this instance PHOENIX will repair the gear, make -rental gear available as
required, and invoice the customer. Customer agrees it will file the appropriate claim(s), recover the
funds and pay PHOENIX for those repair and rental services as required. -
1.0000
FD TO DELIVER AND PICK UP -
$0.00- $0.00
1,0000 NCFRT
There shall be No Freight Charged on this Order H Date Shipped:
$0.00 $0.00.
Subtotal
$345998.25
IN-ST TAX EXEMPT a@ 0%
$0.00
Not rated a@ 0%
$0.00
Total
$34,998,25
Paid to date
$0.00
Physical Address:
Sales Tax Certificates:
PHOENIX Safety Outfitters
Ohio (9 1-050790)
1619 Commerce Road
Michigan (41-2241348)
Springfield, Ohio 45504
Indiana (0158424336)
(937) .324-2537
EIN:41-224134
- ..._..._.f-=Y..k.r... .[ •Y...i ... :...--.'..t.'� �w..e.rrl_ +-. 4- a.`-ti.r..a....r........